New York Final Paycheck Laws

Final paycheck deadlines are set by state law, and they often depend on whether you quit or were let go. This is how it works in New York.

At a glance

What is included in a final paycheck

• All regular wages earned through the last day of work.
• Overtime earned and not yet paid.
• Earned commissions and bonuses, depending on the terms of the plan.
• Accrued vacation or PTO, but only where state law or the employer's written policy requires payout; rules differ widely by state.

Employers can generally make only deductions the law allows, and deductions cannot push pay below the minimum wage.

If your final paycheck is late or wrong

1. Ask the employer in writing for the missing pay and keep a copy.
2. Gather pay stubs, time records and any offer letter or commission plan.
3. File a wage claim with your state labor department, or a complaint with the U.S. Department of Labor for minimum wage and overtime violations.
4. For larger amounts, consider small claims court or an employment lawyer.

Related: what to do when you get fired, how to get unpaid wages from an employer and the New York minimum wage. If you plan to sue for unpaid wages yourself, check the New York small claims court limit.

Sources

1. Nolo: Final paycheck laws by state
2. U.S. Department of Labor: Last paycheck